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<br /> <br />AGREEMENT <br />L G. Everist, Inc and <br />Lupton Bottom Ditch Company <br />12. ASSIGNMENT -This Agreement may not be assigned in whole or in part by either party <br />hereto without the written consent of the other party. Such consent not to be reasonably <br />withheld, conditioned, or delayed. <br />13. TERMINATION - This Agreement will TERMINATE when either EVERIST or LUPTON <br />BOTTOM sells its operation, cease operating, file bankruptcy, or in any way releases <br />ownership of their Property. <br />a. Should either EVERIST or LUPTON BOTTOM sell its operation, cease operating, file <br />bankruptcy, or in any way release ownership of their Property, NOTICE should be given <br />by the party releasing their Property to the other party a minimum of thirty (30) days <br />before the release of ownership occurs. <br />b. In the event that either party should sell its operation, cease operating, file bankruptcy, <br />or in any way release ownership of their Property, the other party shall have the option of <br />immediate TERMINATION of this Agreement. <br />c. In the event that EVERIST, in any way, releases ownership of the EVERIST <br />PROPERTY to another party, prior to the TERMINATION of this Agreement, EVERIST <br />must have the PERMANENT DITCH fenced along the perimeter of the original <br />easement given to LUPTON BOTTOM which was in place prior to this Agreement. After <br />said fencing is completed, the Agreement will TERMINATE and EVERIST is then <br />released from any further obligations. <br /> <br />